REFUSAL OF CONSENT STATUTE
RSA
265-A: 14 (2006)
265-A:14 Refusal of Consent.
I. If a person under arrest for any violation or
misdemeanor under RSA 265 or RSA 215-A refuses upon the request of a law
enforcement officer, authorized agent, or peace officer to submit to physical
tests or to a test of blood, urine, or breath designated by the law enforcement
officer, authorized agent, or peace officer to as provided in RSA 265-A:4, none
shall be given, but:
(a) If this is the first refusal with no prior
driving or operating while intoxicated or aggravated driving or operating while
intoxicated convictions:
(1) The director shall suspend
his or her license to drive or nonresident driving privilege for a period of
180 days; or
(2) If the person is a resident
without a license or permit to drive a motor vehicle in this state, the
director shall deny to the person the privilege to drive and the issuance of a
license for a period of 180 days after the date of the alleged violation.
(b) If the person has a prior driving or
operating while intoxicated or aggravated driving or operating while
intoxicated conviction or a prior refusal of consent under this section:
(1) The director shall suspend
his or her license to drive or nonresident driving privilege for a period of 2
years; or
(2) If the person is a resident
without a license or permit to drive a motor vehicle in this state, the
director shall deny to the person the privilege to drive and the issuance of a
license for a period of 2 years after the date of the alleged violation.
II. The 180-day or 2-year suspension period or denial of issuance
period imposed pursuant to this section shall not run concurrently with any
other penalty imposed under the provision of this title. Any such suspension or
denial of a license or privilege to drive shall be imposed in addition to any
other penalty provided by law, subject to review as provided in RSA 265-A:31.
III. A refusal of consent for both post-arrest physical testing and
testing of blood, urine, or breath following any one arrest shall be deemed one
refusal for the purposes of this section.
IV. The provisions and penalties of this section, relative to the
refusal of consent, shall apply to any person under arrest for any violation or
misdemeanor involving the operation of a boat, after a hearing and upon
satisfactory proof of the following:
(a) That the authorized agent or peace officer
had reasonable grounds to believe the arrested person had been operating, had
been attempting to operate, or was in actual physical control of a boat upon
the public waters of this state while under the influence of intoxicating
liquor or controlled drugs or any combination thereof;
(b) That the person has been arrested;
(c) That the person refused to submit to the test
upon request of the authorized agent or peace officer;
(d) That the agent or officer informed the person
arrested that his or her refusal to submit to such a test would constitute a
violation; and
(e) That the agent or officer informed the
arrested person of his or her right to have a similar test or tests conducted
by a person of his or her own choosing.
HISTORY: 2006, 260:1, eff. January 1, 2007.
Contact Information:
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please include ONLY the following information:
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Date of any alleged offense you have been charged with.
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The court in which you have been told to appear.
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